Last Modified: January 2024

This SMASHSEND Referral Agreement (these “Referral Terms”) governs the SMASHSEND Referral Program described on our SMASHSEND Referrals Page and sets forth the conditions pursuant to which you may be eligible for, earn, redeem or forfeit financial rewards (“Bonuses”). "Company" or "You" means the legal entity or an authorized representative of the Company that has an Account in good standing with SMASHSEND.

You may only participate in the SMASHSEND Referral Program if you accept all of these Referral Terms. These Referral Terms apply as soon as you open your Account at SMASHSEND. Capitalized terms used in these Referral Terms but not defined here have the meanings given in the SMASHSEND Terms of Service.

1. Eligibility

1.1. You become eligible to receive Bonuses as soon as you open your Account. To remain eligible to receive Bonuses, your Account must be open and not restricted at the time of fulfillment. If you violate the SMASHSEND Terms of Service, Acceptable Use, Disclaimer or the terms of any other agreement between you and SMASHSEND and our Partners; fail to maintain your Account in good standing; or if you violate these Referral Terms, we may terminate your eligibility to receive Bonuses.

1.2. You may become ineligible to receive Bonuses if: you engage in fraudulent activity with respect to your use of your Account, your Emails or your marketing campaigns, you attempt to misuse Bonuses, or if you violate the SMASHSEND Terms of Service, Acceptable Use, Disclaimer or any other agreements with us or our Partners. If you become ineligible to participate in the Bonuses Program, we may reduce or cancel any prior or pending Bonuses you may have earned or for which you are eligible.

1.3. You are not eligible to receive Bonuses if: you refer another company owned or controlled by you, we have reason to believe you have completed duplicate applications for the purposes of obtaining additional Bonuses or a sum beyond the maximum amount described on the SMASHSEND Referral Page (“Bonus Limits”), or we suspect that you are attempting to circumventing any rules of the SMASHSEND Referral Program.

1.4. SMASHSEND employees are not eligible to receive Bonuses under these Referral Terms.

2. Referral Bonuses

2.1. You may earn Bonuses up to the Bonus Limit for each third party you refer under these Referral Terms who (1) opens a new qualifying account with SMASHSEND; and (2) meets the Spend Criteria (defined below). A full list of qualifying accounts can be found on the SMASHSEND Referral Page and will be subject to change.

2.2. You agree and acknowledge that qualifying accounts and Bonus Limits are subject to change at any time and can be found on the SMASHSEND Referral Page. You must make all referrals using the SMASHSEND Referrals Page by copying the link provided and sharing the link with the third party.

2.3. You may not redeem the Bonuses for cash, or for any other promotion, discount, or benefit. We will net the value of your Bonus against your zootools credits and any other amounts you owe us. You may not transfer Bonuses to any third party or any other Accounts, or combine Bonuses with any partner promotions, discounts, or third-party rewards programs.

2.4. We can make payouts into your Deposit Account up to 5 weeks after the deposit criteria or spend criteria (each defined below) has been satisfied for each referral you make, although delays may occur. We reserve the right to payout the Bonus at an earlier date, at our discretion. To claim the payout, you need to request it on the referral dashboard.

2.5. Due to the confidential commitment on SMASHSEND, we will not disclose any information regarding applications for an Account or any detail on any transaction activity by Referred Parties (as defined below) except as reasonably necessary in SMASHSEND's sole discretion in connection with the Referral Program.

2.6. You may not refer existing SMASHSEND customers, SMASHSEND customers whose Accounts were closed within the last 90 days, or SMASHSEND customers whose Accounts closed with a negative balance within the last three years. While information about a Referred Party's account history may not be available to you, you agree that you waive any right to dispute the Bonus amounts we determine to be appropriate based on these and any other criteria listed in these Referral Terms.

2.7. In the event your total referrals exceed $600 per calendar year, you will be required to provide information needed to provide a 1099 tax document.

3. Bonus Eligibility Criteria

3.1. Whether you are entitled to a Bonus for referring a third party under these Referral Terms will depend on the transaction activity of the third party you refer (“Referred Party”), and whether that activity meets certain deposit or spend thresholds as described below. Any determination by us of satisfaction of the bonus eligibility criteria will be subject to verification and at our sole discretion.

3.2. We will measure a Referred Party's transaction activity for a period of 90 days after we approve the Referred Party for an Account at SMASHSEND (“Eligibility Period”). The Referred Party must be approved for an Account and be in good standing during the Eligibility Period to be eligible to meet the criteria described below.

3.3 The Referred Party is eligible to claim referral rewards if they upgrade to a SMASHSEND plan and maintain the upgraded plan for a continuous period of 30 days without canceling. The eligibility period for this condition starts upon the successful upgrade of the plan and lasts for the subsequent 30 days.

4. Authorizations.

4.1. By issuing a referral to a third party under these Referral Terms, you agree and authorize SMASHSEND to share your full name and your business' name with the Referred Party for the purposes of facilitating the SMASHSEND Referral Program.

4.2. You may revoke your authorization to share your information at any time. You must revoke your authorization in writing to support@zootools.aim, which we will honor in a commercially reasonable amount of time. If you elect to revoke your authorization, you agree that you will forfeit any pending referral Bonus, and that we may purge records of your referrals from our systems to accommodate your request. Please also refer to our Privacy Policy for more information on how we handle your personal information.

5. Modifications; Termination; Release.

5.1. This offer is subject to change and may be changed or canceled by SMASHSEND at any time without notice. We may modify these Referral Terms at any time in our sole discretion by posting an updated version to our legal page or by providing notice to you. We may update or change the eligibility criteria, Bonus Limits, Deposit Criteria, restrictions, and requirements at any time. We may otherwise condition, restrict or limit the availability of Bonuses in our sole discretion. Any delay by us in enforcing our rights under these Referral Terms or the SMASHSEND Terms of Service does not constitute forfeiture of such rights.

5.2. We may terminate the SMASHSEND Referral Program at any time and at our sole discretion. These Referral Terms will immediately terminate if we or you close your Account.

5.3. You release us from all liability that may result from your participation in the SMASHSEND Referral Program, and from any other third-party claims whatsoever that result from, are related to, or are incurred by or against you in connection with the SMASHSEND Referral Program or these Referral Terms.

6. Taxes

The value of any Bonuses you receive may result in miscellaneous income received from SMASHSEND. We may be required by applicable law to send you, and file with the IRS, a Form 1099-MISC or Form 1042-S, or other applicable form for the year in which you have been awarded Bonuses. You are responsible for any tax liability related to participating in the offer. Please consult your tax advisor if you have any questions about how this could affect your taxes.